Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of charas---Appreciation of evidence---Recovery of the narcotic proved---Prosecution case was that 2000-grams charas was recovered from the possession of applicant---Record showed that the prosecution examined complainant/Seizing Officer, marginal witness of recovery, in whose presence the alleged charas was recovered from a plastic bag held by the accused, Head Constable/Head Moharar of the police station, who received parcels of case property and kept the same in Malkhana of the police station after registering the same in Register No. 19, Head Constable, who deposited the sealed parcel to Forensic Science Laboratory and obtained report, and the Investigating Officer---All the said witnesses were consistent on all material aspects---No distinct discrepancy was noticed to spoil the credibility of their testimony and they were subjected to cross-examination by the defence but their testimony was not shattered---From the evidence, the mode and manner of arrest of applicant leading to the recovery of narcotic had been proved--Prosecution evidence was unanimous with regard to the arrest of the accused, place of the occurrence, quantity of the recovered charas, and to that extent, the evidence of the prosecution was also confidence inspiring---Appeal against conviction was dismissed, in circumstances.(b)    Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of charas---Appreciation of evidence---Non-association of private witnesses--Inconsequential---Prosecution case was that 2000-grams charas was recovered from the possession of applicant---Allegedly, no private person was joined in recovery proceedings except Police Officials, which was a violation of S.103, Cr.P.C---However, the application of S.103, Cr.P.C had been excluded by S.25 of the Act, 1997, in narcotics cases---Moreover, the reluctance of the general public to become a witness in such like cases was a judicially recognized fact, and there was no option left but to consider the statement of an official witness as…